As much of the US re-opens, governmental agencies are issuing updated guidance to guide the return to the workplace. Here’s the latest from OSHA and the EEOC....more
2020 is upon us, and with it, a slew of new employment laws that are now in effect. Read on for a description of 13 key employment laws every employer operating in California should know about going into 2020. ...more
1/9/2020
/ ABC Test ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
Data Privacy ,
DFEH ,
Employee Privacy Rights ,
Employee Training ,
FEHA ,
Hiring & Firing ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Misclassification ,
No-Rehire Provisions ,
Sexual Harassment ,
State Labor Laws
Earlier this month, the country was again rocked by mass shootings—two in less than 24 hours left the cities of Dayton, Ohio and El Paso, Texas reeling. Like so many tragedies before, both shootings occurred at a location...more
On October 11, the Tenth Circuit held that a failure-to-accommodate claim under the Americans with Disabilities Act (“ADA”) requires a showing of an adverse employment action, cementing a circuit split and making the issue...more
The Senate is gearing up to consider President Trump’s nomination of Judge Brett Kavanaugh as an Associate Justice of the Supreme Court to replace Justice Kennedy. While employment law is not likely to be the center of his...more
Originally signed by President Franklin D. Roosevelt in 1938, the Fair Labor Standards Act turns 80 this year. In this Expert Analysis series, attorneys most familiar with the statute provide different perspectives on the...more
6/18/2018
/ Department of Labor (DOL) ,
Equal Pay ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Foreign Workers ,
Joint Employers ,
Minimum Wage ,
Over-Time ,
Regulatory Oversight ,
Regulatory Standards ,
Wage and Hour ,
White-Collar Exemptions
In October 2017, four franchisees filed a federal complaint against the global convenience store chain, 7-Eleven, seeking to represent a purported class of over 1,000 similarly situated 7-Eleven franchisees in California. The...more
3/28/2018
/ 7-Eleven ,
Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchisee ,
Franchises ,
Independent Contractors ,
Misclassification ,
Popular ,
Wage and Hour
The flurry of high-profile harassment allegations across various industries has drawn the public’s attention to the issue of sexual harassment over the past several months. Unsurprisingly, it has also resulted in increased...more
In the past few years, the American workforce has shifted dramatically. By some estimates, as many as 53 million Americans are now self-employed. Many of them work in the “gig” or “on demand” economy, which has emerged as the...more
After the Supreme Court sat with an empty seat for more than one year, and following a hard-fought nominations process which saw the failed nomination of Judge Merrick Garland and Republican lawmakers resorting to the...more
Can employers still require employees to sign arbitration agreements with class action waivers as a condition of employment? Last week, the Ninth Circuit became the second appellate court to adopt the National Labor...more
The adage that “there is no rest for the weary” is perhaps an all too familiar one for California employers. Although employers might have already spent the past few months implementing a host of new laws that took effect in...more
A recently filed petition for certiorari asks the U.S. Supreme Court to clarify the procedural requirements for ending private causes of action under the Fair Labor Standards Act (“FLSA”). Specifically, petitioner Dorian...more
California employers should keep an eye on a new challenge to arbitration provisions on its way to the Governor’s desk. On August 24, 2015, the California Senate passed AB 465, which would make it unlawful for any employer or...more
On August 3, 2015, the U.S. Court of Appeal for the Ninth Circuit issued a decision in France v. Johnson, holding that an average age difference of less than 10 years between an Age Discrimination in Employment Act (ADEA)...more
8/26/2015
/ ADEA ,
Age Discrimination ,
Appeals ,
Border Security ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Discrimination ,
Employment Discrimination ,
Hiring & Firing ,
Job Promotions ,
Summary Judgment
On July 15, 2015, the U.S. Department of Labor (“DOL”) issued an Administrator’s Interpretation that purports to clarify on one of the most challenging legal questions facing employers today: are certain workers employees or...more
Transgender issues have been grabbing headlines in recent months—perhaps most notably with Bruce Jenner’s televised announcement about his gender transition. Beyond the bright lights of pop culture, a wave of litigation and...more
On December 12, 2014 the NLRB adopted new union election rules, claiming that they will “modernize and streamline the process for resolving representation disputes.” These rules will become effective April 14th of this year....more
In a long awaited 9-0 decision, the U.S. Supreme Court held that employers are not required to compensate employees for time spent waiting for and undergoing security screenings (aka bag checks) under the Fair Labor Standards...more
“Sometimes surrender is the best option.” That is how Judge Raymond J. Dearie of the Eastern District of New York begins his opinion in Anjum v. J.C. Penney Co., Inc., before denying J.C. Penney’s motion to dismiss a putative...more
Following up on our recent post regarding pregnancy discrimination developments, the Equal Employment Opportunity Commission issued the Enforcement Guidance: Pregnancy Discrimination and Related Issues on July 14, 2014. This...more
On April 15, 2014, a California appeals court ruled that after an employee returns to work from leave under the Family and Medical Leave Act (FMLA), an employer can require a medical reevaluation related to the health...more
Late last month, in the Southern District of Florida, adult entertainers at several Rick’s Cabaret locations filed a lawsuit alleging that they were improperly categorized (and thus improperly compensated) as independent...more
The United States Supreme Court is now in session and three cases stand out on the docket that private employers will want to follow. While not the blockbusters heard during the Court’s last session, these cases will address...more
Resolving a split among the circuits, the U.S. Supreme Court held that a “supervisor” for Title VII harassment liability is limited to those who have the power to take a tangible employment action against the alleged victim...more